Civil liability of doctors in telemedicine from a comparative law perspective in Brazil and the European Union Gabriel Sato Ikuhara Cavalcanti Picos, Fabiano Nogueira de Sá e Sousa, Verônica Scriptore Freire e Almeida

Abstract

This paper analyzes the civil liability of physicians in the practice of telemedicine, from the perspective of Comparative Law. This work is exploratory and descriptive in nature, using a qualitative approach, and includes bibliographic research in Google Scholar, Scielo, Medline, and Scielo databases, in addition to document analysis, doctrines, case law, and national and European Union legislation. Telemedicine, driven by provisional authorization due to the pandemic, was regulated in Brazil after debates, in accordance with Resolution No. 2,314/2022 of the Federal Council of Medicine, while it is already accepted and practiced in all nations of the European Union, where approximately 90% of the member countries have telemedicine legislation and regulation. From the perspective of comparative law between Brazil and the European Union, in Medical Civil Liability, in the practice of Telemedicine, we were able to verify that, despite Telemedicine being legalized in Brazil, there is a lack of regulations, standards, guidelines, consensus, on matters of crucial importance, which may become the civil liability of the doctor, in contrast with the history of standardization, evolution and updating of telemedicine, in other countries around the world, with emphasis on the European Union.